Mthatha -
The remains of three of Nelson Mandela’s children were unlawfully dug up “in the dead of night”, a lawyer has told the Mthatha High Court, and now a criminal charge of grave tampering has been laid against his grandson, Mandla Mandela.
Eastern Cape policeman Lieutenant-Colonel Mzukisi Fatyela said: “Yes, I confirm a case of tampering with a grave was opened at Bityi police station on July 2.”
He refused to say who had laid the charge. “A case is opened at the police station and we will now investigate that case.”
At issue is Mandla’s alleged removal of the remains from Qunu, Nelson Mandela’s home, to Mveza, where Mandla is the chief, in 2011.
The criminal charges came as 16 members of the Mandela family obtained a court order from a Mthatha judge that Mandla should return the remains to Qunu.
They were Mandla’s father, Makgatho Mandela, who died in 2005; Mandela’s first daughter, Makaziwe, who died as an infant in 1948; and Mandela’s second son, Madiba Thembekile, who died in a car accident in 1969.
The Mandela relatives claim Mandla did not seek permission or even inform family members that he had moved the graves.
Mandla claims Friday’s order is invalid.
The court is expected to rule on the matter on Wednesday.
David Smith, for Makaziwe Mandela, Mandla’s brother, Ndaba, and 14 other relatives, told the court Mandla had made himself guilty of “the unlawful act of digging up of human remains in the dead of the night”. He had not obtained permission from local and provincial authorities, as is required by law.
“He knows his conduct has been reprehensible in the circumstances. He doesn’t argue against the main founding affidavit. He can never justify what he did.”
Smith added: “The applicants want to restore the status quo.”
Smith said Mandla’s lawyers had argued various legal points, but failed to offer a proper defence.
But Philip Zilwa, for Mandla, said Friday’s court order was made without Mandla having been properly served with papers.
“The order has far-reaching implications for Mandla Mandela. It’s common cause that no proper papers were served. The court was told they left the papers at the front gate. Obviously that’s not proper service.
“He had no inkling that an application for such hard-hitting orders was being made. The applicants rushed to court. A final order was granted without him being given any opportunity to be heard in the matter. When he heard (what happened), the stable doors were already closed. This is against the rules of natural justice and the constitution.” Zilwa asked the court to rescind the order.
The court heard three new applications as a result of Friday’s order.
These are an application by the 16 for a date change, an application by Mandla to rescind the original order and an application by the 16 to strike parts of Mandla’s affidavit from the record.
Judge Lusindiso Pakade is expected to rule on these and on the main application on Wednesday.
Cape Argus